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Haryana gets 4 wks to reply in PIL against retd DGP heading complaints authority

In an interim order, the Division Bench of Chief Justice Sheel Nagu and Justice Neerja Kulwant Kalson noted that despite notice having been issued on August 29, 2025, the State had not filed its reply so far.

3 min readChandigarhJan 13, 2026 01:12 PM IST

Punjab and Haryana High Court gives Haryana four weeks to reply on plea challenging appointment of retired DGP as Police Complaints Authority chief

The Punjab and Haryana High Court on Monday gave the Haryana government four weeks to file its reply in a public interest litigation challenging the appointment of a retired Director General of Police as chairperson of the State Police Complaints Authority, cautioning that any further delay would cost the State its right to respond.

In an interim order, the Division Bench of Chief Justice Sheel Nagu and Justice Neerja Kulwant Kalson noted that despite notice having been issued on August 29, 2025, the State had not filed its reply so far. The Bench directed that if the reply was not filed within four weeks, the State’s right to do so would stand forfeited. The matter has been listed for February 26, 2026.

The PIL, argued by senior advocate Rajesh Garg, raises questions over the legality of appointing a retired senior police officer to head the Police Complaints Authority, a body mandated by the Supreme Court in its 2006 judgment in the Prakash Singh case.

Garg told the court that the Supreme Court had clearly directed that Police Complaints Authorities across the country should be headed by retired High Court judges. He said that while Haryana enacted a law in 2007 allowing the post to be held by either a retired High Court judge or a retired civil servant, the provision was diluted a year later to permit appointment of any “person of eminence” with experience in administration or law. It was under this diluted provision that a retired Haryana DGP was appointed as chairperson, he argued.

Referring to a 2015 Division Bench judgment of the High Court in a similar case concerning Chandigarh, Garg pointed out that the court had quashed the appointment of a retired Indian Economic Service officer as chairperson of the authority, holding it to be contrary to the Supreme Court’s directions. That judgment, he said, was never challenged before the Supreme Court and had therefore attained finality. Following the ruling, Chandigarh appointed a retired High Court judge to head the authority.

Responding to the State’s contention that the Prakash Singh matter was still pending before the Supreme Court, Garg clarified that the pending issue related only to the fixed tenure of Directors General of Police and not to the composition of Police Complaints Authorities. He also cited a subsequent Supreme Court order stating that any state law running contrary to its 2006 directions would be kept in abeyance.

During the hearing, the Bench expressed concern over the State’s continued failure to file a reply. Chief Justice Nagu observed that while one of the respondents had filed a response, the State had not done so despite ample opportunity.

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When the petitioner sought interim relief, the court indicated that granting such relief would amount to final relief at this stage. However, the Bench made it clear that the issue would be taken up after pleadings were complete, stressing that the State could not be allowed to delay the proceedings any further.

“This is why a peremptory order is being passed,” the Chief Justice observed, while fixing the matter for hearing in the last week of February.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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